California PC 18720: Destructive Device Materials

California Penal Code § 18720 PC: Possession of Destructive Device Materials

Penal Code § 18720 PC makes it a severe felony offense to possess any substance, material, or combination of materials with the specific intent to manufacture an explosive or a destructive device without holding a valid regulatory permit.

Unlike related statutes that penalize possession of a fully assembled bomb, PC 18720 allows law enforcement to intervene during the preparatory stages.

The prosecution need not prove that a device was ever successfully detonated. Instead, the legal pivot point rests entirely on your intent while holding common household, industrial, or precursor chemicals.

Quick Reference Summary: PC 18720 At a Glance

Legal Element	Details and Statutory Thresholds
Crime Classification	"Straight" Felony (Cannot be reduced to a misdemeanor)
Prohibited Acts	Knowingly possessing single or combined chemical ingredients, hardware, or precursors with intent to engineer an explosive or destructive device.
Statutory Definition of "Destructive Device"	Includes bombs, grenades, pipe bombs, rockets/projectiles greater than 0.60 caliber, Molotov cocktails (breakable containers with low-flashpoint liquids and a wick), and chemical/dry ice sealed pressure devices.
Type of Possession	Actual (on your person) or Constructive (stored in a property, vehicle, or locker under your direct control).
State Prison Sentence	2, 3, or 4 years in California State Prison.
Maximum Fine	Up to $10,000.
Collateral Consequences	Lifetime ban on firearm ownership, loss of professional licensing, and automatic immigration deportation risks for non-citizens.

What a Prosecutor Must Prove (Elements of the Crime)

To secure a conviction under PC 18720, the state carries the burden of proving specific legal criteria beyond a reasonable doubt. According to California Criminal Jury Instructions (CALCRIM No. 2579), the prosecution must establish the following elements:

Possession of Materials: You had a substance, material, or particular mixture of substances and materials, like fertilizer, chemical precursors, wiring, or casings.
Knowledge: You knew that you possessed the substance or material.
Specific Intent to Manufacture: At the moment you had these items, you intentionally aimed to use them to build a working explosive or destructive device.
Lack of Lawful Authorization: You operated without possessing a valid state or federal permit or license required for manufacturing these devices.

Real-World Example of PC 18720

The "Garage Workbench" Scenario: Police execute a search warrant at a residential garage related to a separate property dispute. Inside, they discover a large container of household gunpowder, bundles of pre-cut metal pipes with threaded caps, insulated electrical wire, digital timers, and a written blueprint outlining a triggering mechanism.

Even though no explosive powder has been placed inside the metal pipes yet, the individual who controls the garage can be arrested and successfully prosecuted under PC 18720. The explicit combination of everyday items alongside manufacturing blueprints provides the necessary circumstantial evidence of an intent to construct a pipe bomb.

Detailed Penalties & Sentencing Enhancements for PC 18720

Because this offense involves the building blocks of explosive weapons, California courts and prosecutors treat violations with extreme severity. Penal Code § 18720 PC is a "straight felony," meaning a judge cannot reduce it to a misdemeanor at sentencing.

Statutory Penalties

Upon a conviction, the court can impose the following base penalties:

State Prison Sentence: A formal term of 2, 3, or 4 years in California State Prison (served under standard felony guidelines rather than local county jail).
Financial Fines: A maximum criminal fine of up to $10,000.
Formal Felony Probation: A judge can issue felony probation as an alternative to prison, which usually involves spending up to a year in county jail, completing extensive community service, and allowing law enforcement to conduct warrantless searches at any time.

Collateral and Long-Term Consequences

A felony conviction under this statute results in immediate and significant legal restrictions, beyond jail time and fines.

Lifetime Firearm Ban: You permanently lose your constitutional right to own, possess, or buy firearms and ammunition under California law.
Professional Licensing Revocation: A felony conviction related to explosive precursors typically leads to the automatic suspension or permanent revocation of relevant professional licenses, such as those for contracting, engineering, nursing, or security.
Immigration Consequences: For non-citizens, possessing explosive materials with the intent to create a destructive device is considered an "aggravated felony" or a crime involving moral turpitude, which results in mandatory deportation or inadmissibility.

Severe Sentencing Enhancements

If prosecutors find evidence connecting your possession of these materials to a larger conspiracy, the penalties increase significantly with consecutive sentencing.

Intent to Injure or Terrorize (PC 18740): If evidence shows you intended to use the manufactured device to injure people or destroy property, the base penalty changes to a felony punishable by 3, 5, or 7 years in state prison.
Great Bodily Injury (GBI) Enhancement (PC 12022.7): If someone is accidentally injured or killed while you are housing, mixing, or transporting these volatile materials, a consecutive 3-to-6-year prison term can be appended to your base sentence.

Primary Legal Defenses

Lack of Specific Intent: Many raw materials used to make explosives have lawful uses. For example, possessing black powder or fertilizer is legal if intended for ammunition reloading, antique firearms, farming, or commercial landscaping. If the state cannot establish clear intent to build a weapon, the charge fails.
Lack of Possession or Control: If the materials were found in a shared workspace, communal garage, or apartment accessible to multiple individuals, the defense can argue that you lacked exclusive or constructive possession of the contraband.
Valid Permit Authorization: Licensed pyrotechnicians, cinematic special effects coordinators, and commercial construction blasters are legally exempt from prosecution if they hold a valid state or federal permit to manufacture or handle these materials.
Fourth Amendment Suppression of Evidence: If law enforcement seized the chemical materials through an overreach, a warrantless search, or an improperly executed warrant lacking probable cause, your defense attorney can file a motion to suppress the evidence. Without the physical materials, the prosecution's case typically collapses.

Frequently Asked Questions

What constitutes an explosive or destructive device material under California law?

There is no singular, restrictive list of prohibited substances. The law encompasses any combination of raw chemical precursors (such as ammonium nitrate, sulfur, or nitro compounds), fueling agents, oxidizers, or casings (such as pipes or specialized glass) when bundled for manufacturing purposes.

Can I be charged under PC 18720 if I was just experimenting with backyard fireworks?

Yes. If you are assembling chemical compounds intended to detonate or combust instantly outside a certified, permitted commercial facility, prosecutors can aggressively argue that your "firework" projects meet the statutory definition of an unauthorized explosive or destructive device.

Is it possible to reduce a PC 18720 charge down to a misdemeanor?

No. PC 18720 is classified as a "straight felony," meaning California judges lack the statutory discretion to reduce the charge to a misdemeanor at a preliminary hearing or at sentencing. It must either be defended, dismissed, or pleaded down to a lesser offense through a negotiated plea bargain.

How do prosecutors prove a person's inner intent to build a bomb?

Because direct confessions are rare, the state relies heavily on circumstantial indicators.

This includes your internet browsing history (e.g., searches for bomb-making guides), electronic communications, the presence of localized components such as detonators or timers, or the deliberate isolation of specialized chemicals far beyond personal hobby needs.

What happens if the materials I possessed were completely unstable or incapable of exploding?

You can still be convicted. The legal standard does not require that your engineering plans were flawless or that the materials would have functioned perfectly upon assembly.

The primary elements are the simple possession of the raw building blocks paired with your clear, subjective intent to construct a functioning device.

Does a conviction under PC 18720 trigger California's Three Strikes law?

A standard violation of Penal Code 18720 PC is a serious felony but does not automatically qualify as a "strike" offense under California's Three Strikes sentencing guidelines.

However, if the offense is paired with enhancements—such as an explicit intent to terrorize a public space or causing great bodily injury—it may escalate into a strike offense.

Related California Laws

Penal Code § 18710 PC (Possession of a Destructive Device): Penalizes the unlawful possession of an already completed, fully manufactured destructive device or bomb.
Penal Code § 18740 PC (Possession of an Explosive with Intent to Injure): A far more severe felony charge filed when there is concrete evidence that the possessed explosives were intentionally aimed at threatening, injuring, or terrorizing individuals or public property.
Penal Code § 16590 PC (Manufacturing or Possessing Dangerous Weapons): Applies to the unauthorized creation, sale, or distribution of generally prohibited weapons across California.
Penal Code § 18725 PC (Carrying a Destructive Device on a Common Carrier): Imposes stringent prison terms for transporting any explosive or incendiary compound inside vehicles, vessels, aircraft, or checked baggage.

Talk to a California Criminal Defense Lawyer

If you or a loved one is facing accusations under Penal Code § 18720 PC, securing early legal representation is critical to protecting your freedom.

Because this statute relies heavily on circumstantial evidence to infer your inner "intent," a strategic defense can challenge the prosecution's narrative, target weaknesses in their evidence, and expose flaws in how law enforcement conducted their search.

An experienced California criminal defense attorney at Eisner Gorin LLP can review the specifics of your case, file motions to suppress unlawfully seized evidence, and fight to get your felony charges reduced, negotiated down to a lesser offense, or completely dismissed.

Do not speak to law enforcement without legal counsel present—reach out to a qualified attorney to schedule a confidential legal consultation by calling (818) 781-1570 or using the contact form.

Destructive Device Materials